Court Procedure Reference

The reference covers the complete civil first-instance procedure from complaint filing to judgment, including mandatory complaint contents (parties, prayer for relief, cause of action), jurisdiction rules (territorial, subject matter, exclusive, and agreed), small claims court for claims under 30M KRW with simplified procedures, payment order (督促) for debt collection at 1/10 the filing fee, e-litigation via ecfs.scourt.go.kr, and litigation cost calculation with tiered filing fee schedules.

The criminal section covers the entire process from investigation to appeal: criminal complaint vs report distinctions, the indictment/non-prosecution decision process, bail requirements and habeas corpus review (48-hour decision), detention period limits (police 10 days, prosecution 10 days, court 6 months), Supreme Court appeal rules including dismissal without review, retrial grounds with no time limit for criminal cases, and victim relief through settlement, compensation orders, and the Crime Victim Protection Act.

Family court coverage includes consensual divorce (with cooling periods of 1-3 months), contested divorce grounds under Civil Code Article 840, ancillary claims (alimony, property division, custody), adult guardianship proceedings, inheritance matters (renunciation within 3 months, probate), and adoption. Administrative litigation includes revocation suits with the 90-day/1-year filing deadline, administrative appeal prerequisites, and stay of execution requirements. Constitutional complaints under both Article 68(1) and 68(2) are also covered.

The Enforcement section covers all major execution methods: compulsory real estate auction with the full nine-step procedure from application to distribution, distribution priority rules (super-priority lease deposits, security interests, wages, general claims), personal property seizure and sale, claim seizure/collection/assignment, and real property delivery/eviction. It also covers evidence preservation for securing proof at risk of loss or alteration, available both before and after filing suit.

The ADR section covers civil mediation (with mandatory mediation for small claims under 600K KRW and family cases), KCAB commercial arbitration with awards having the same effect as final judgments, legal aid through the Korea Legal Aid Corporation (free consultation and litigation representation for eligible persons), notarization procedures (notarized deeds, authentication, fixed date stamps), and certified content mail (내용증명) for formal legal notice with postal service certification.

The reference provides detailed filing fee schedules: 0.5% for claims under 20M KRW, 0.45% for 20M-100M KRW, 0.4% for 100M-1B KRW, and 0.35% for claims over 1B KRW. It covers the loser-pays principle under CPA Article 98, litigation aid (fee deferral for financially eligible parties), and all cost components including service fees, schedule-based attorney fee inclusion, expert fees, and witness travel costs.

Yes. The patent litigation entry covers the complete path from the Intellectual Property Trial and Appeal Board (invalidation, correction, scope confirmation trials), to the Patent Court for trial decision revocation suits (exclusive jurisdiction), to the Supreme Court for final appeal. It also covers infringement suit jurisdiction, technical briefing procedures, confidentiality orders for trade secrets, and international references including US ITC investigations and the EU Unified Patent Court.

Yes, this reference is completely free with no registration or download required. All content runs in your browser with no server communication. It is designed for lawyers, law students, paralegals, and anyone navigating the Korean legal system who needs a quick, reliable reference for procedural rules and requirements.